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NEW YORK SUR. CO. v. CITY OF NEW YORK

220 A.D.2d 334 (1995)

633 N.Y.S.2d 16

New York Surety Company, Appellant, v. City of New York et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1995

The court properly found that plaintiff surety was obligated to perform under the express and unambiguous terms of its payment and performance bonds (see, People v Backus, 117 N.Y. 196, 201). Neither the validity of the underlying contract nor plaintiff's obligation to perform is affected by the sufficiency of the underlying contractor's bid to cover the payment of prevailing wages. The municipal defendants certainly...

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